News Scrapbook 1988

Escondido, CA (San Diego Co.) Times Advocate (Cir. D. 32, 195) (Cir. S. 34,568) JUL 15 1988

San Francisco, CA (San ~rancisco Co .) Examiner (Cir. D. 158,722) JUL 1 5 19&li? ,

S.111 0W()U, c.,,,I. Southern Cro~~ \Cir W '27 ,SOO\ j\ll l 5 1988

Jlll~tt '• ,. C. 8 b t 1888 /uso_prof's~ judgeshiP,~ bid rejectl!d WASHINGTON (AP) - The Democrat1t·•run Senate ,Judiciary Commi1tt e voled along parly lines Thur day to kill the appeals court nomination of Bernard Siel@n, a on e•\ ti, L Californiu profPssor ho~t fr l whPL'ling , iews often d1f u from !::iuprcme Court prece• d!' 1t The 8-6 vote recommended that the full Senate reject Siegan, a n,ver~ity of, an Diego constitu honal law professor. Bu Sen. Strom Thurmond, R S.C., the l omm1t tep's ranking Republican, said Siegan' hackers "will make no effort to t,1ke it to l he floor. It's oh- viou that 1t' over," After the 1t11trnl vote, Republi can tritd a last-ga p motion to re• port tlw nominat 1011 to the floor without a recommendation. It failed on a 7 7 volt, with Sen Den- m DeConcini D-Ariz. supportmg the GOP. Pre ident Heagan nominated Siegan for thP 9th ll.8. Circuit urt ofAppeal he court has ju- n diction 0Vl'r Alaska, Arizona, Calif1,r111a, Hawaii, Idaho, Mon- tan , 'e\ada, Orf'gon, \Vashing ton, Guam und the 'orthern Mari- ana I land . The rejection crats regained C'ontrol of the committee in Janu ary 1987, Bork was the only other Jt1d1cial nominee to be rejected by the panel. His nomination reached the Senate floor anyway, because lawmakers believed a nominee for the highe~t court deserved a full Senate vot Sen. Edward M. Kennedy, I). Mas ., who offered the motion to re1ect Siegan, criticized I he nomi- nee, ulmo t total lack of experi- enct' hl•fore federal courts he had one case three decades ago and said tht nominee practiced ''judicial activism in the extreme." Thurmond defended Siegan, saymg his judicial philosophy should not be the single criteria" for Judging him. He added "noth- ing about his charactt>r, experience or background" should disqualify him from erving on the court. Siegan went far afield of the Su- preme Court when e wrote that the 1954 decision outlawing school segregation was ~orrect hut was de- cided by faulty reasoning. The landmark ruling, he said, should have been ba ed on the nghi of hlack ~tudents to travel to the sehools of their choice. His critics 5aid this would have left stu. dent at the schoolhouse door without guaranteeing a seat inside'. Siegan said prayer in schools could be constitutional, although the Supreme Court has said other- wise. He wrote that equal weight should be given to property rights and human rights. And he said framers of the 14th Amendment which guarantees basic freedoms' ne\'er intended its scope to be a~ broad as that defined by the Su- preme Court. Siegan, 63, tried to save his trou- bled nomination at a hearing last Februarv, when he told the com- mittee he would follow Supreme Court rulings and not his own feel• 1.--~m- gs, if approved by the Senate./2

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fat . 1888 enators ejec ·udg Aight-wing San Diegan ·s a judicial maverick ;By Larry Maf'gaaak ~YEl)PfUS WASH! 'GTO The Demo- cratic-run Senate ,Judiciary Com- mittee voted along party lines hursday to kill the appeals court nomination of Bt>rna _d Sle an, a onserva i\e U 1versit o n Die- go prof or h v w often dif- r r from upreme Court precedent. The 8-6 vote recommended that he full Senate r ject Siegan. Sen. trom Thurmond, R .C., the com- rnltte<''11 ran ·ng R publican, said Slegan's tr.ick rs would "make no !fort to tak . U to the floor; it's obvious that it's over." Pr ldent lleagan nominated iegan, a constitutional law profes- sor, for the . 9th Circuit Court of , pp al . Th court has jurisdiction m er Alaska, Arizona, California, Ha v. aii, Idaho, ontana, . •cvada, Oregon, Washington, Guam and the Northern .\lariana Islands. The rejrction v.~ remln· ent of Robert Bork' unsuc sful att mpt to win confirm.illon to the 'upreme ourt la5t year. Although the writings of Bork and Sl.egan do not al\i,ays coincide, both provoked suspicion among Democrats that the nl'minees might try to Impose their con rva- tive personal 1,1ews over Supreme Court prcced nt . Sen. Edward Kennedy, 0-Mass., who offered the motion to reject Siegan, criticized Siegan's near-to- tal lack or experience before feder- al cour - he argued one case 36 • ears ago - and said the nominee _practiced "Jud1clal acti m in the extrem ." Thurmond d fend iegan, ying h Judicial philosophy 'should not " th in le criteria" for Judging him. •: thin about hi c-haraclff, xperienc or bac ound" hould disqualify SI an Crom serving on the court, Tburmond nid. Siegan went rar afield of the Su- reme Court when h wrote that he 1954 decision outla lng school egregation was corre<"t but was de-- cided by fault r rung. The landmark ruling, he said, hould have been based on the tight of black student~ to travel to he schools of their choice. His crit- ics said this would have left stu- dents at the schoolhouse door, with• out guaranteeing a !at Inside. Siegan has al5o id prayer in chools could be constitutional, al- th011gh the Supreme Court has said otherwise. He wrote that equal veight l!hould be given to property 'ghts and human rlgh . And he aid framers of the 14th Amend- ent, v. hlch guarantees basic free- oms, never intended its scope to as broad as that defined by the ,upreme Court.

dome. tic v10lence issue in recent years. •·omc rs are much more awan•." One of the rea. ons, she not •d, may he the practical aspect that 1f they're not sensitive to the i. u · they "may ee their name in ~uit." ntil July 1 over 120 Municipal and ·upenor Court judges only had bull review duty. Now they'll be combrnl·d for Superior Court judg · . With bail review a Judge could . t,1ck up lhe culls meyhc 10 or If> , 11d Roddy - but the new law ''r ·quires constant availub1h- ly . ''They can expect bat I calls and THO culls." he said. 111onty is not a 4uestion, how- LawBriefs r, e,,chJudge takes a turn for the Municipal Court Judge , ud Roddy, they're looking t the fir t 60 day of the prot,'ram to t' w hut h •r they are going to get mvolv •d , far the calls have averaged two,, n1 ht said Presiding Fami• ly Court Judge Thomas Mur- phy, who creatPd the program m Sun Diego and set up a training ses,11111 for the judges. Roddy hl•heve,1 th.it 1bout five to 10 TROs h.t\C been 1 ucd _ mce July 1. That could change, however. C',tmg tale figures, Roddy aid th t the DPD tesponded to more th n 1,000 doml'st1c violence calls 1 10nth 1n 1986. " It continues to esc.,I t c," he said, although no sta- t1st1cs were available for 1987 or 1988 Over thl· next two months the proi,'l'am will be closely watched and prohl1•m ,roned out, hopefully. One or two cnlls a night i no prnblt·m, aid Hoddy, but 30 or 40 a night cn·ates a "much difTernnt prohlcm" "You m11y see u Judge down in the courthouse lcepingon a cot." Thej 'II also be checking on when the call. come in. Are most of them at 10 at night or two in the morn- mg'/ l · Friday, aturday and Sun- day the heaviest, requiring extra Judges on those d ys? Is a cellular phone the be t? What about p, ger" Whil • ju

actly what the Legislature told us to do," said Murphy. All agreed that it's too early to tell how effective the program is. "We will have to wait and see how useful it will be," said Elly ewman, coordmator of the legal support unit of the YWCA's Bat- tered Women's Services. Added Murphy: "We are slowly bumbling our way through." And Lord noted that she's heard that certain jurisdictions won't implement the law just "waiting to get sued by women's advocacy groups." How effective is the TRO? " Do re trainmg orders really do what they're intended to do?" ask- ed Lord. "It's a value judgment. "It gives us another tool in get- ting someone physically removed if that's the only recourse." But there will still be some people where "it's been Saturday nights at the fights for the past 20 years," said Lord. * • On the Move: S. Patricia Rosenbaum will be formally sworn in as Municipal Court Judge at 4.30 p.m. on Aug. 5 . The cere- mony will be at the Escondido City Hall chambers. Jacob Pankowski has joined Gray, Cary, Ames & Frye as co- chair of the firm's government con- tracts group. W. Richard Sintek (lJniversity of San Diego Law School) has join• ed Hnicny, Witte, Wood, Anderson & Hodges. Arlene Prater (USD Law) is now with Jennin~ngstrand & Henrikson after serving for 11 years as deputy county counsel here. Christopher Connolly has joined Stutz, Gallagher & Artiano. Michele Murphree, who com- pleted her first year at UC Davis Law School and won American Ju- risprudence awards in contracts, torts and property, is clerking for McDonough, Holland & Allen in acramento. Tamara Fogg (USO Law) has become a principal at Ferris, Brennan & Britton. She didn't just Join as reported in a recent column. The Transcript regrets the error. • * • Diamond Dust: The Bar Bored softball team is now 2-1 for the season with a 15-6 win last Sunday

over Fitzmaurice, Buchbinder & Steres. On July 10 it lost 12-9 to Delicious Intent. Some highlights from the win: •G eorge Andreos, Dan Broderick, Marc Adelman, Ned Huntington and Mark Andrews collectively went 12 for 15 with 2 sacrifice flies. Adelman had a grand slam, two doubles and 4 runs batted in pushing his season aver- age to .667 • Center fielder Broderick had the leadofT batter's fly ball sail "embarrassingly over his head for a homerun." • Carolyn Danielsen went three for four giving her a .750 average for the year. And the loss: •Marilyn Huff went four for four; Rick Benes was two for two; and Judy Haller got her first hit of the season. How long does it take coach Dan Grindle to compile this stuff? He's even got cumulative statistics. Call him at McDougal, Love, Eckis, Grmdle & O'Connor for more in formation. Next game 1s 10 a.m. Sunday (Presidio Park)agamst Foul Balls. Estate Planning, Trust & Pro- bate Law Section - Noon, Varsi- ty Room of the University Club. Speaker: Theodore J. Cranston; Subject : "Creditors' Claims - New Law & New Procedures." Executive Committee - Noon, Conferencce Room of the Bar. July22 "Second Annual Evidence Law Seminar" - 8:00 a.m, registra- tion, 8:30 a.m. to 1:30 p.m., San Diego Princess Resort. Speakers: Hon. Victor Bianchini, Hon. Vin- cent De Figlia, Hon. Herbert Hof- fman, Vincent J. Bartolotta Jr., Juanita Brooks, Charles Dick, Ro- bert Grimes, Monty McIntyre, Milton J. Silverman & Dan Williams. SanDiego County Bar Association Meetings, July 21-27 July21

by Martin Kruming

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1ng, movm • on to H mon th t 111ght • We h l\'1•n' gntten our program up 11n'd hanging out It milt·." if we didn't reque t a TRO. aid Lord Oth1•r than mobility of the d •ff• dant , th I c i the problem of educating ollicers about th1• new law. 'Tht•y ( 00 uniformed San Diego offic •rs) h ,ve to he trained," said Lord, who exp •cts that thi will be don through a dtopartment· w1de videotape. She felt, thou •h, that ther • ha~ ''hpen 11 :,Pn it1zation" among of ficers abo ,t tlu• ser iousness of the

Association o nia Defense Annual San 1 Beach Party S Effective Use ol at Catamaran I ists: Edward D. Huff & Peter I the seminar wil guests & child (ContinuE

Los Angeles, CA (Los Angeles ~o.) Los Angeles Times (Cir. D. 1,076,466) (Cir. S. 1,346,343) JUL 15 1988 JlliD.', P. C. 8 far I 888

Continued from Page 3 the printing of paper money because the Constitution itself refers only to the making of "gold and silver coin." More recently, Siegan said that the high court was wrong when it outlawed state-sponsored school prayers and that the 1954 ruling banning school segregation was faulty. Acting Senate Judiciary Com- mittee Chairman Edward M. Ken- nedy (D-Mass.) said that Siegan's views are extreme and "out of the mainstream" of American law. Moreover, he said, the law profes- sor's libertarian approach to issues such as zoning would allow courts to get involved in all manner of local and state government deci- sions. Other Democrats cit't!d Sie- gan's lack of federal court experi- ence in voting against him. Republicans denounced the ac- tion as political. "It is a shame not to have someone of his qualifica- tions and ability on the federal bench," said Sen. Orrin Hatch (R-Utah). In 7½ years, Reagan has named 273 of the 575 judges in the three- tiered federal court system, ac- cording to the Congressional Re- search Service. In the middle tier- the appellate courts-81 of 164 judges have been appointed by Reagan. Despite the liberal furor over some Reagan court nominees, few have been rejected. The Judiciary Committee blocked district court nominee Jefferson Sessions of Ala- bama in 1986. and the Senate defeated Supreme Court nommee Robert H. Bork last year. Daniel Manion of Indiana failed to win Judiciary Committee approval for his appeals court nomination in 1986, but he won by a single, vote on the Senate floor. Siegan's defeat leaves three va- cancies on the U.S. 9th Circuit Court of Appeals, which covers California and eight other W estem states. - when it agreed to permit

r Siegan Rejected for U.S. Appeals Court By DAVID G. SAVAGE, J}-,Uta.JJ-Writer WASHING TON - tfie"fgenat~ approve controversial court nomi- Judiciary Committee Thursday nees. voted down the nomination of The rejection of Siegan "marks University of San Diego law pro- the end of the Meese era in judicial fessor Bernard H. Siegan to serve selection," proclaimed People for on the federal appellate court in the American Way, a liberal lobby California, making Siegan the first group that has fought several Rea- of President Reagan's appeals gan court nominees. court nominees to be defeated. "By voting against Bernard Sie- Eight Democrats voted against gan, the Senate Judiciary Commit- Siegan, a conservative scholar and tee has once again made clear that friend of outgoing Atty. Gen. Ed- nominations made on the basis of win Meese Ill, and six Republicans ideology-not merit-are unac- voted for him. A Republican effort ceptable to the American people," to send the nomination to the said Melanne Verveer, vice presi- Senate floor with an unfavorable dent of the group. recommendation failed on a 7-7 In response, the conservative

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ASBOCialed Press

Bernard H. Siegan

Free Congress Research and Edu- cation Foundation charged that Siegan was a victim of a "multimil- lion-dollar political campaign of lies, distortions and half-truths." Jeffery D. Troutt, a director of the group, said: "Bernie's only sin is that he believes that the Constitu- tion means what it says." After a successful real estate career in Chicago, Siegan made a

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name for himself at the University of San Diego through a series of books and articles contending that environmental and economic regu- lations such as zoning are unconsti- tutional. A student of constitutional histo- ry, Siegan also ~ued that the Supreme Court w wrong in 1871 Please see S GAN, Page 2a

For the 63-year-old Siegan, the committee action meant the end of a lifelong dream to be a federal judge. Nominated 18 months ago, Siegan refused to withdraw despite repeated signals from the comm.it- tee that he would not be approved. For Reagan, the vote may mean that the Democratic-controlled Ju- diciary Committee will no longer